The Federal High Court in Abuja has subpoenaed the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, to produce electoral documents submitted by President Bola Tinubu during his 1999 Lagos State governorship contest and the 2023 presidential election.
The order is connected to the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, who is being prosecuted by the Federal Government over his description of President Tinubu as a criminal.
The subpoena directs the INEC chairman to produce two specific electoral documents submitted by Tinubu to the commission. They include Form CF001, alongside an affidavit relating to lost certificates, submitted during the 1999 Lagos State governorship election, and the corresponding Form CF001 submitted for the 2023 presidential election.
The documents are expected to provide official electoral records relevant to issues being raised by Sowore’s defence team in the criminal proceedings. The subpoena, titled Subpoena Duces Tecum, was issued in charge number FHC/CR/484/2025, involving the Federal Republic of Nigeria as the complainant and Sowore as the defendant.
It was signed by Justice Mohammed Garba Umar of the Federal High Court, Abuja Judicial Division, directing Professor Amupitan to appear before the court, produce the specified documents and give evidence on behalf of the defendant. The court process also requires the INEC chairman to attend proceedings and remain available until the matter is determined.
Sowore reportedly disclosed the development on Monday through a social media post in which he shared copies of the subpoena and hearing notice said to have been served on the INEC chairman. Speaking to journalists after court proceedings, the activist said both witnesses were expected to testify on Wednesday.
He cautioned the prosecution against attempting to frustrate their appearance through objections to the subpoenas. The latest development adds another dimension to the criminal proceedings, particularly as the defence seeks to introduce official electoral records concerning the President’s political and electoral history.
Background To Sowore’s Prosecution
The Federal Government’s case against Sowore followed his public description of President Tinubu as a criminal, a characterisation that led to his prosecution by the Department of State Services (DSS). Sowore has maintained his position and is contesting the allegations in court.
By seeking to compel the INEC chairman to testify, the defence appears to be pursuing access to official records that could assist it in addressing issues surrounding the activist’s statements.
Why The Documents Matter
Form CF001 is an electoral nomination document containing information and declarations supplied by candidates to INEC. The 1999 document sought by the defence reportedly includes an affidavit relating to lost certificates, while the second concerns Tinubu’s nomination for the 2023 presidential election.
The production of the records could provide the court with an opportunity to examine the information formally submitted to the electoral commission during the two election periods. It also places INEC’s responsibility as the statutory custodian of electoral records at the centre of the proceedings.
The development comes amid continuing public and political debates about the disclosure, verification and interpretation of documents relating to political officeholders in Nigeria.
- Daily Post